Bankruptcy.
[CAP. 6
payment of the fees chargeable and the expenses incurred by the interim receiver) out of the proceeds of the estate [cf. Cap. 6] in the order of priority prescribed by the Ordinance.
s. 37.1
petition
64. Where, after an order has been made appointing an interim receiver, the petition is dismissed, the court shall, upon application to be made within twenty-one days from the date of the dismissal thereof, adjudicate with respect to any damages or claim thereto arising out of the appointment and shall make such order as the court thinks fit; and such decision or order shall be final and conclusive between the parties.
Hearing of petition.
hearing.
R167.
65. The Registrar shall after reference to the Official Receiver appoint the time and place at which the petition will be heard and notice thereof shall be written on the petition and sealed copy, and where the petition has not been served the Registrar may, after such reference as aforesaid, from time to time alter the first day so appointed and appoint another day and hour.
respondents.
R168.
66. Where there are more respondents than one to a petition the rules as to service shall be observed with respect to each respondent, but where all the respondents have not been served the petition may be heard separately or collectively as to the respondent or such of the respondents as has or have been served, separately or collectively as to the respondents not then served according as service upon them is effected.
intending
cause.
R169.
67. Where a debtor intends to show cause against a petition he shall file a notice with the Official Receiver specifying the grounds on which he intends to show cause, and shall post to the petitioning creditor or to his solicitor a copy of the notice, in each case three days before the day on which the petition is to be heard.
ance of
68. If the debtor does not appear at the hearing the court may on hearing the petitioning creditor and the Official Receiver either dismiss the petition or make a receiving order on such proof of the statements in the petition and of the amount of assets and liabilities as the court thinks sufficient.
Forms
377
Bankruptcy.
[CAP. 6
payment of the fees chargeable and the expenses incurred by the interim receiver) out of the proceeds of the estate [cf. Cap. 6. in the order of priority prescribed by the Ordinance.
s. 37.1
petition
64. Where, after an order has been made appointing Damages if an interim receiver, the petition is dismissed, the court dismissed. shall, upon application to be made within twenty-one days R165. from the date of the dismissal thereof, adjudicate with res- pect to any damages or claim thereto arising out of the appointment and shall make such order as the court thinks fit; and such decision or order shall be final and conclusive between the parties.
Hearing of petition.
hearing.
R167.
65. The Registrar shall after reference to the Official Time of Receiver appoint the time and place at which the petition will be heard and notice thereof shall be written on the petition and sealed copy, and where the petition has not been served the Registrar may, after such reference as aforesaid, from time to time alter the first day so appointed and appoint another day and hour.
respondents.
R168.
66. Where there are more respondents than one to a Several petition the rules as to service shall be observed with respect to each respondent, but where all the respondents have not been served the petition may be heard 'separately or collec- tively as to the respondent or such of the respondents as has or have been served, separately or collectively as to the respondents not then served according as service upon them is effected.
intending
cause.
R169.
67. Where a debtor intends to show cause against a Debtor petition he shall file a notice with the Official Receiver to show specifying the grounds on which he intends to show cause, and shall post to the petitioning creditor or to his solicitor Form 17. a copy of the notice, in each case three days before the day on which the petition is to be heard.
ance of
68. If the debtor does not appear at the hearing the Non-appear- court may on hearing the petitioning creditor and the debtor. Official Receiver either dismiss the petition or make a re- R170. ceiving order on such proof of the statements in the petition 23, 25, 26. and of the amount of assets and liabilities as the court thinks sufficient.
Forms
377
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